How does medical malpractice give rise to birth injuries?

Preventable birth injuries can result from failures on the part of doctors, other healthcare personnel, and medical facilities. Malpractice-related birth injuries often result from failure to take appropriate action, including failures to properly monitor the mother and baby, failures to respond to distress promptly and properly, and failures to diagnose or manage complications and risks. Delaying interventions, including Cesarean sections, when these interventions are medically indicated can also lead to birth injuries. A provider can also be held accountable for negligent actions they take, such as applying excessive force during the delivery process or performing a surgical birth incorrectly, resulting in avoidable physical trauma to the baby. Other parties, like nurses and technicians, can also face consequences for negligent actions, such as medication errors that result in significant harm to the patient. When the medical attention you have received deviates from the acceptable standard of care in any way, the consequences for mothers, babies, and families can be life-altering.

What should families do if they believe a provider’s negligence caused a birth injury to their child?

Your first step should be to secure your child appropriate medical care if you haven’t already. Some conditions are considered birth injuries because they can arise out of mistakes made during pregnancy and birth, but they may not be diagnosed until the child is a few months to a couple of years old. Getting an accurate diagnosis is an important first step to getting the medical care your child needs to have the best possible prognosis and quality of life. You may need to seek second opinions if you believe your child’s doctors aren’t taking your concerns seriously. Your next step should be to consult an experienced medical malpractice attorney. Only through an in-depth review of the facts by a professional familiar with this area of law can you determine whether malpractice contributed to your child’s medical issues and begin building a case against each potentially liable party.

Who can be held accountable for causing a birth injury through malpractice?

Defendants who could be named in a birth injury lawsuit can include: Obstetricians and maternal-fetal medicine physicians Anesthesiologists Radiologists Labor and delivery nurses Neonatal intensive care nurses Midwives Hospitals Birthing centers By analyzing all of your medical records, we can assess each provider’s actions and their potential liability. Your birth injury claim can name as many defendants as necessary to include all negligent conduct on the part of your healthcare team.

Why do you need an attorney to handle a birth injury claim or lawsuit?

Birth injury cases and other types of medical malpractice claims require specific legal procedures. You need to present a strong argument as to how the medical attention you received deviated from the acceptable standard of care, and you need to back up this argument through proof, including the opinions of relevant expert witnesses in medicine. It takes a knowledgeable attorney with considerable resources to meet these demands and build a strong claim. Additionally, when you can’t yet begin to process all of the future costs, financial and otherwise, that your family will face because of the birth injury, your lawyer can help. By working with expert witnesses in economics as well as medicine, we can carefully calculate damages that include considerable future losses.

Andres Berger Tran/

Birth Injury Claims

New Jersey Birth Injury Lawyers

Childbirth Injury Attorneys in Haddonfield, NJ Advocating for Families in Camden County, Burlington County, Gloucester County, and Throughout South Jersey

Throughout pregnancy and during and after childbirth, both mothers and babies are vulnerable to significant harm. When a healthcare provider fails to deliver timely and appropriate care and puts their patients at risk, it’s possible for families to hold doctors, nurses, hospitals, and others legally and financially accountable for the consequences. The New Jersey birth injury lawyers at The Law Offices of Andres, Berger & Tran fight for injured babies, mothers, and their families.

We know how severely a birth injury impacts your life. Instead of the joyful occasion you had planned for, you’re now facing a future full of worries beyond routine parenting concerns. Your child’s life may never look like the future you had envisioned for them. In some instances, medical errors lead to the avoidable loss of a child.

As helpless as a birth injury can make you feel, you have rights and legal options that could provide hope for a better future for your family. Contact us today to have your case reviewed and your questions answered at no cost.

Why Families Affected by Birth Injuries in New Jersey Need to Explore Their Legal Rights

When you’re coping with the impact of a birth injury, matters like urgent medical necessities and intense grief can take over your focus. Exercising your legal rights may not be your first concern, but you can and should explore how taking legal action could help your family.

Answers

Pregnancy complications and difficult births can be very confusing. The medical team involved in your care may not have explained things well, particularly if the care they provided was negligent to begin with. Further, medical professionals may attempt to cover up negligence to avoid facing the consequences. When you have questions about the events that led to this terrible outcome, filing a medical malpractice claim can help you get answers and expose the truth.

Accountability

When medical negligence has altered your family’s life forever, you want to know that the parties responsible will face the consequences. The civil justice system offers families affected by birth injuries the chance to hold negligent providers of all kinds accountable. On your own, it’s difficult to stand up to powerful health systems and their providers, but experienced childbirth injury attorneys in Haddonfield, NJ, can help you succeed by building strong, compelling claims against negligent practitioners.

Compensation

While the physical and emotional impacts of a birth injury may be your biggest concerns, these situations also pose major financial hardships. You’re likely facing unexpected medical bills and, potentially, a lifetime of future care costs for a severely injured child. The compensation you stand to gain through a birth injury claim can help your family get through this difficult time and address future needs arising out of medical negligence. Our New Jersey birth injury lawyers also help the families we represent secure compensation for other economic losses, like loss of earning potential, and non-economic losses, like the child’s pain and suffering or the loss of companionship in the case of fatal harm.

How Medical Malpractice Leads to Birth Injuries

When complications arise during pregnancy or childbirth, having the right medical care can make all the difference. Careful monitoring and prompt, properly implemented interventions can save lives, but negligence in this area of medical practice can put both mothers and their infants at risk.

In proving medical malpractice in any form, you need to establish that the provider owed you a duty of care. You need to provide evidence of the ways in which their actions or inaction in the course of treating you deviated from the standard of care accepted by the larger medical community. You need to be able to link this negligent conduct to the injury it caused to the baby or mother and the resulting damages, including medical bills and disability.

The ways in which a healthcare provider’s negligence can result in a birth injury include the following:

Failing to properly monitor the mother and baby
Failing to order indicated tests
Failing to promptly and properly interpret test results and take appropriate actions based on these results
Dismissing or ignoring symptoms or test results that a similarly competent provider would have addressed
Failing to promptly diagnose and manage medical complications, including gestational diabetes, gestational hypertension, preeclampsia, eclampsia, seizures, and placental abruption
Failing to respond promptly to indications of fetal distress
Failing to diagnose and treat maternal infections
Delaying necessary interventions, including Cesarean section births
Causing damage through excessive use of force, improper use of forceps, and incorrectly performed C-sections
Failing to properly monitor a newborn for indications of concerns like jaundice and intervene appropriately

In pregnancy and specifically during childbirth, a misread or ignored test result, an oversight in monitoring or putting together a treatment plan, and delays of even a couple of hours could lead to serious injury. The New Jersey birth injury lawyers at The Law Offices of Andres, Berger & Tran are here to hold each practitioner accountable for the role they played in harming your family.

How The Law Offices of Andres, Berger & Tran Can Help

Bringing to light a doctor’s mistakes or a hospital’s unsafe procedures is possible, but you can’t do it alone. These cases require extensive legal and medical knowledge, the testimony of respected medical experts, and the resources to undertake a full investigation. Our childbirth injury attorneys in Haddonfield, NJ, are here to guide your family through the legal process and handle all aspects of your case. We’re dedicated to protecting families’ interests by prioritizing compassionate legal support and favorable results.

Our New Jersey birth injury lawyers can assist you with cases that involve the following types of medical conditions:

Inadequate prenatal screening
Spina bifida
Down syndrome
Birth defects
Fetal distress
Abrupted placenta
Baby brain damage
Bell’s palsy
Cerebral palsy
Erb’s palsy and shoulder dystocia
Forceps injury
Cesarean section injuries
Sickle cell anemia
Jaundice
Tay-Sachs disease
Thalassemia
Cystic fibrosis
Wrongful birth, which usually pertains to profound defects that could have been identified through prenatal testing

As we help families hold negligent medical providers accountable, we fully investigate the quality of the care they received and whether any member of their healthcare team deviated from the acceptable standard of care. We bring to each case a complete understanding of complex issues, the resources to analyze all data and gather all evidence, and the readiness to collaborate with expert witnesses in relevant medical specialties.

Why Choose The Law Offices of Andres, Berger & Tran?

Known for providing legal assistance for families impacted by all types of birth injuries, The Law Offices of Andres, Berger & Tran is the clear choice when you need an attorney to fight for your family. Our New Jersey birth injury lawyers have a history of successful results and a commitment to fighting for your family’s interests both in and out of court.

Comprehensive Representation for Families Impacted by Birth Injuries

Every injury that occurs at birth is unique, with distinct factors that cause it and a range of direct consequences. Our team understands the nuances of each individual situation as well as the devastating impact that severe injuries can have on children and their families. With extensive experience handling all types of medical errors and resulting conditions, our childbirth injury attorneys in Haddonfield, NJ, are equipped to help you seek justice and full financial compensation for the losses that result from all injury types.

A Proven Record of High-Value Settlements and Awards

When facing the lifelong impacts of a serious birth injury, your family needs every dollar of compensation you’re entitled to. Your child’s future—their ability to receive the best care and to have the greatest possible quality of life—depends on it. The Law Offices of Andres, Berger & Tran have a long history of securing clients maximum compensation, having secured more than $180 million in settlements and awards for our clients. Our record of success includes numerous multimillion-dollar payouts for birth injury claims.

Trial-Readiness to Pursue All Avenues for Achieving Results

In a birth injury case, you need to know your attorney is prepared to take your case as far as necessary to get justice. That means being ready to fight for you in court. Although our team is often able to attain beneficial settlements through skillful negotiations out of court, we’re always willing to take our clients’ cases to trial if that’s their best option. Attorney Michael S. Berger, founding and managing partner, is among the fewer than two percent of lawyers in the state that have been certified by the Supreme Court of New Jersey as a Certified Civil Trial Attorney, so you can feel confident in our team’s ability to present your case in court.

Contact the New Jersey Birth Injury Lawyers at The Law Offices of Andres, Berger & Tran Today for a Free Case Review

With a free consultation available to help you explore your options and contingency-based representation that removes the financial risk of the claims process, families affected by birth injuries can access the support they need without taking on further stress and hardships.

For help from childbirth injury attorneys in Haddonfield, NJ, contact The Law Offices of Andres, Berger & Tran online or call 856-317-6558 today.

Frequently Asked Questions About Birth Injury Lawsuits in New Jersey

Preventable birth injuries can result from failures on the part of doctors, other healthcare personnel, and medical facilities. Malpractice-related birth injuries often result from failure to take appropriate action, including failures to properly monitor the mother and baby, failures to respond to distress promptly and properly, and failures to diagnose or manage complications and risks. Delaying interventions, including Cesarean sections, when these interventions are medically indicated can also lead to birth injuries.
A provider can also be held accountable for negligent actions they take, such as applying excessive force during the delivery process or performing a surgical birth incorrectly, resulting in avoidable physical trauma to the baby. Other parties, like nurses and technicians, can also face consequences for negligent actions, such as medication errors that result in significant harm to the patient.
When the medical attention you have received deviates from the acceptable standard of care in any way, the consequences for mothers, babies, and families can be life-altering.
Your first step should be to secure your child appropriate medical care if you haven’t already. Some conditions are considered birth injuries because they can arise out of mistakes made during pregnancy and birth, but they may not be diagnosed until the child is a few months to a couple of years old. Getting an accurate diagnosis is an important first step to getting the medical care your child needs to have the best possible prognosis and quality of life. You may need to seek second opinions if you believe your child’s doctors aren’t taking your concerns seriously.
Your next step should be to consult an experienced medical malpractice attorney. Only through an in-depth review of the facts by a professional familiar with this area of law can you determine whether malpractice contributed to your child’s medical issues and begin building a case against each potentially liable party.
Defendants who could be named in a birth injury lawsuit can include:
Obstetricians and maternal-fetal medicine physicians
Anesthesiologists
Radiologists
Labor and delivery nurses
Neonatal intensive care nurses
Midwives
Hospitals
Birthing centers
By analyzing all of your medical records, we can assess each provider’s actions and their potential liability. Your birth injury claim can name as many defendants as necessary to include all negligent conduct on the part of your healthcare team.
Birth injury cases and other types of medical malpractice claims require specific legal procedures. You need to present a strong argument as to how the medical attention you received deviated from the acceptable standard of care, and you need to back up this argument through proof, including the opinions of relevant expert witnesses in medicine. It takes a knowledgeable attorney with considerable resources to meet these demands and build a strong claim.
Additionally, when you can’t yet begin to process all of the future costs, financial and otherwise, that your family will face because of the birth injury, your lawyer can help. By working with expert witnesses in economics as well as medicine, we can carefully calculate damages that include considerable future losses.